Ms. Irene Dy

August 4, 2009 BIR RULING [DA-(ET-014) 440-09] Ms. Irene Dy No. 27 San Agustin Street Capitol 8 Subdivision, Pasig City Madam : This refers to your letter dated June 22, 2009 requesting for an extension of time within which to file the estate tax return and pay the corresponding estate tax due on the estate of the late Diong Siy Dy, a resident of Pasig City who died on January 24, 2009. You need more time to gather the documents required to be submitted in the settlement of the estate and to raise the needed funds to pay for the estate tax due thereon. Thus, you are constrained to request for an extension of thirty (30) days within which to file the estate tax return and pay the estate tax due thereon reckoned from July 24, 2009. In reply, please be informed that under Section 90 (B) and (C) of the Tax Code of 1997, estate tax return is required to be filed within six (6) months from the decedent's death, and in meritorious cases, a reasonable extension not exceeding thirty (30) days for filing the return may be granted by the Commissioner of Internal Revenue. The payment of the estate tax or any part thereof shall be made upon the filing of the return or on such date as fixed if an extension is granted by the Commissioner, but in no case to exceed five (5) years in case the estate is settled through the courts, or two (2) years in case the estate is settled extrajudicially pursuant to Section 91 (B) of the Tax Code of 1997. Based on the aforestated justifiable reason, your request for an extension of thirty (30) days within which to file the estate tax return and pay the estate tax due on the estate of the late Diong Siy Dy is hereby granted pursuant to Sections 90 (C) and 91 (B) of the Tax Code of 1997, as amended, respectively. Accordingly, you are hereby given until August 24, 2009 within which to file the required estate tax return and pay the corresponding estate tax due thereon. HCSAIa Very truly yours, (SGD.) JAMES H. ROLDAN Assistant Commissioner Legal Service